ADJ-1 Lecture Notes - Lecture 29: Duty Counsel, Strip Search
26 Oct 2020
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A warrant is only required, however, where police conduct will invade a person"s reasonable expectation of privacy. Not every act of search" or seizure" does that. A driveway left open to the public. The common hallway of an apartment building. Determining when someone has a reasonable expectation of privacy can be very controversial. The law also authorizes the police to conduct warrantless searches in a number of situations. The most common and probably most significant is when a person is searched incident to their arrest. A power of search incidental to investigative detention exists, although searches are not permitted in all circumstances. The officer must reasonably suspect that his or her own safety, or the safety of others, is at risk. No requirement for reasonable grounds to believe evidence will be found. Must not be conducted in abusive fashion. The police must be attempting to achieve some valid purpose connected to the arrest.
